Tommy L. Parker v. James Howard Jamison, Jr. and Cynthia Phillips-Price

• Court: Court of Appeals of Texas
• Decided: August 11, 2025
• Docket: 07-25-00194-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00194-CV

TOMMY L. PARKER, APPELLANT

V.

JAMES HOWARD JAMISON, JR. AND CYNTHIA PHILLIPS-PRICE, APPELLEES

On Appeal from the 72nd District Court Lubbock County, Texas Trial Court No. DC-2024-CV-0170, Honorable John C. Grace, Presiding

August 11, 2025 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Tommy L. Parker is a vexatious litigant subject to a prefiling order which prohibits

him from filing new litigation in any Texas court without first obtaining permission from the

local administrative judge. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.101 (granting

trial courts authority to enter orders prohibiting vexatious litigants from filing new litigation

without permission from the local administrative judge), 11.102 (outlining the procedure

for obtaining permission from a local administrative judge); 11.103 (prohibiting a clerk of

a court from filing a litigation, original proceeding, or appeal by a vexatious litigant subject to a prefiling order without an order from the local administrative judge permitting the

filing). Despite the prefiling order, Parker filed a notice of appeal from the trial court’s

Final Judgment.

Chapter 11 of the Civil Practice and Remedies Code requires courts to dismiss

new actions filed by a vexatious litigant when the litigant fails to file an order from the local

administrative judge permitting the filing of the new action. See TEX. CIV. PRAC. & REM.

CODE ANN. § 11.1035; Leonard v. Paxton, No. 03-19-00771-CV, 2020 Tex. App. LEXIS

3032, at *3–4 (Tex. App.—Austin Apr. 10, 2020, no pet.) (mem. op.) (dismissing appeal,

after notice, because vexatious litigant failed to provide order permitting its filing). By

letter of July 25, 2025, we admonished Parker that this appeal was subject to dismissal

unless he filed an order granting the required permission. In response, Parker submitted

a copy of a letter from the local administrative judge denying his request for permission

to file the appeal.

Because Parker is a vexatious litigant and has failed to file an order from the local

administrate judge granting permission to file this appeal, we dismiss the appeal. See

TEX. CIV. PRAC. & REM. CODE ANN. § 11.1035(b).

Per Curiam